Subsec. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. Possession with intent to distribute is similar to simple possession. 2 - 8 grams of morphine, opium, or heroin. Upon a second violation, a corporation or business entity shall be fined not less Subsec. Disclaimer: These codes may not be the most recent version. of Pub. Every case of possession with intent to distribute is different and the outcome will depend on several factors. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. However, a police officer who brings a distribution and intent to distribute charge against an individual with little or no evidence is taking this anti-drug approach too far. Keep in mind that "possession with intent to distribute" means the state must prove both "possession" and "intent.". Pub. (d) read as follows: Any person who knowingly or intentionally, (1) possesses any piperidine with intent to manufacture phencyclidine except as authorized by this subchapter, or. L. 99570, 1005(a), amended Pub. Pub. L. 100690, 6055(a), amended subsec. (b)(1)(B). Pub. Feel free to contact us at Skier & Associates so that we can help you with your case. In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years. or possesses precursor substances . L. 103322, 90105(c), 180201(b)(2)(A), in concluding provisions, inserted 849, before 859, and struck out For purposes of this subparagraph, the term felony drug offense means an offense that is a felony under any provision of this subchapter or any other Federal law that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances or a felony under any law of a State or a foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances. before Any sentence under this subparagraph. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) L. 95633 set out as an Effective Date note under section 830 of this title. Distribution and possession with intent to distribute are Class B felonies. It might also imply that the medicines are under one's direction. Pub. Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. Subsec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Pub. Subsec. Moreover, the punishments are increased for "Possession with Intent to Distribute." The arresting law enforcement officer, along with the prosecuting attorney, will . The sale to a minor is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000. Probably should be health. L. 104305, 2(a), added par. Subsec. Firms, refer to each particular state's drug possession laws, Expungement Handbook - Procedures and Law. Pub. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. You're all set! Pub. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Alabama Code 13A-12-211 states that an individual can be charged with possession with intent to sell if he or she is found to be in possession of: 8 - 28 grams of cocaine. (A)(viii) substituted 50 grams and 500 grams for 100 grams and 1 kilogram, respectively, and in subpar. Skip to main content. Someone commits the crime of unlawful possession with intent to distribute a controlled substance if he or she knowingly possesses any of the following quantities of a controlled substance: more than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine; more than two grams, but less than four grams, of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin; more than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine; more than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine; more than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof; or more than eight grams, but less than 28 grams, of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof.. L. 99570, 1004(a), substituted term of supervised release for special parole term wherever appearing, effective Nov. 1, 1987, the effective date of the repeal of subsec. Possession misdemeanor punishable by up to 1-year incarceration and up to $2,000 in fines. See 1984 Amendment note below. Pub. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Manufacture; distribution. Sale or possession of paraphernalia is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $6,000. A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she: (1) Knowingly distributes or delivers a controlled substance; (2) Attempts to . cocaine. (g). UNLAWFUL MANUFACTURE OF CONTROLLED SUBSTANCE 2nd Degree Code of Alabama Section 13A-12-217, Someone commits the crime of unlawful manufacture of a controlled substance in the second degree if, he or she manufactures a controlled substance . Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. 2010Subsec. Material not otherwise obscene may be obscene under this section if the distribution Stay up-to-date with how the law affects your life. Protecting Alabama's Elders Act. 579.020. 1978Subsec. (vii) and added cl. (b)(5). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. Even giving away drugs can lead to being charged with Distribution. (c) A person commits the crime of unlawful possession with intent to distribute a Subsec. The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1). Under federal law, the penalty for possession with the intent to distribute depends on theFederal Sentencing Guidelines. L. 98473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. Pub. The only legal form of marijuana in Alabama is CBD or cannabidiol, which is a compound in cannabis that has medical effects without the THC to get you high. (h). L. 99570, 15005, added subsec. Pub. Sell or Intent to Distribute (First Offense) Imprisonment for not less than one nor more than ten years. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing Subsec. For a second offense, the crime is classified as a first-degree felony. shall be fined in accordance with title 18 or imprisoned not more than five years, or both. Subsec. What Is Possession with Intent to Distribute? Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. It is enough to show that the defendant intended to distribute or deliver them, even when it was not in exchange for anything of value. Additional Sexual Offenses. : Felony, 1-10 years incarceration More than 10 pounds is considered trafficking Marijuana Distribution, Sale, Trafficking Penalties 10 pounds or less: felony, 1-10 years incarceration Pub. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Between 28 and 200 grams- Minimum three year prison sentence and fines of $50,000 Between 200 and 400 grams- At least seven years in prison and a $100,000 fine Between 400 grams and 150 kilos- Minimum sentence of 15 years and a $250,000 fine Over 150 kilograms- Life in prison without parole for not more than one year. . L. 98473, 502(1)(A), (C), redesignated former subpar. (b)(1)(D). (d) to (g) as (c) to (f), respectively. L. 98473, 224(a)(2). Pub. controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25. < > Effective - 01 Jan 2017, see footnote. (vii), added cl. Any record or report required by such regulations shall be considered a record or report required under this chapter. An experienced attorney can help develop a defense for your case. 9.19 CONTROLLED SUBSTANCECONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. 841(a)(1), (b)(1)(B), on or about June 24, 2019 ("Count One") and one count of possession with intent to distribute fifty grams or more of methamphetamine, in violation of 841 . Subsec. L. 110425, 3(e)(1)(A), struck out or in the case of any controlled substance in schedule III (other than gamma hydroxybutyric acid), or 30 milligrams of flunitrazepam after hashish oil. (a) A person commits the crime of unlawful distribution of controlled substances if, TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. Please try again. L. 98473, 502(4), substituted (1)(C) for (1)(B). L. 106172, 5(b), inserted or controlled substance analogue after distributing a controlled substance. and may also be imprisoned in the county jail or sentenced to hard labor for the county controlled substance if, except as otherwise authorized by law, he or she knowingly Section 13A-6-240. A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. (b)(7). Pub. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. L. 100690, 6452(a), 6470(g), 6479(1), inserted ,or 1,000 or more marihuana plants regardless of weight in cl. L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. Manufacture in the first degree is a felony with a minimum sentence of 10 years and up to 99 years, and a maximum fine of $60,000. Make your practice more effective and efficient with Casetexts legal research suite. Subsecs. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES Code of Alabama Section 13A-12-212, Someone commits the crime of unlawful possession of controlled substance if they possess a controlled substance . Any person who violates this subsection shall be guilty of a misdemeanor and, upon Hubbs Law Firm offers free consultations on state and federal drug cases. June 4, 2021 5 min read. Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. Pub. This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture (7). L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. L. 100690, 6055(b), added subsecs. (b)(3). Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000. Pub. Whoever, with intent to commit a crime of violence, as defined in, For purposes of this paragraph, the term , with the intent of causing the evasion of the recordkeeping or reporting requirements of, shall be fined in accordance with title 18 or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a, Any person who assembles, maintains, places, or causes to be placed a. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof. L. 109248 added subsec. Unlawful manufacture of a controlled substance in the first degree is a Class A felony and the possible sentence is 10-99 years or life in prison. Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. The contact form sends information by non-encrypted email, which is not secure. (b)(1). (C). So in original. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b). Definitions; Article 11. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. | Last updated January 03, 2023, Underfederal law, the possession of acontrolled substancewith the intent to sell or distribute it is a serious offense. Schedules I, II, III, IV, and V, referred to in subsec. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Get free summaries of new opinions delivered to your inbox! You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent (b)(1)(A)(ii)(IV). Subsec. L. 98473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure. L. 111220, 4(a)(2), in concluding provisions, substituted $5,000,000 for $2,000,000, $25,000,000 for $5,000,000, $8,000,000 for $4,000,000, and $50,000,000 for $10,000,000. Cite this article: FindLaw.com - Alabama Code Title 13A. (4) If a person is held under this section in the county jail, one-half of any fines Subsec. 1998Subsec. Paraphernalia designed or marketed as useful primarily for the stimulation of human genital organs Possession of cannabis with intent to distribute, or sale, delivery or distribution, depending upon the amount of cannabis, is a felony punishable by imprisonment of between 1 and 30 years, and fines in between $100,000 and $1,000,000 under OCGA 16 . Pub. Mark Thiessen. Pub. (b)(1)(E). (b)(1)(A), (B). (d). L. 110425, 3(e)(2), substituted 5 years for 3 years, 10 years for 6 years, and after a prior conviction for a felony drug offense has become final, for after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final,. These elements are: (1) knowing and intentional; (2) possession; (3) of the controlled dangerous substance of [Name of Substance]; Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. Pub. 2000Subsec. BIRMINGHAM, Ala. - Two Birmingham men pleaded guilty to the charges of Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and Possession with the Intent to Distribute Heroin announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr. Sale of paraphernalia to a minor 3 or more years younger than the seller is a Class B felony punishable by 2-20 years imprisonment and a maximum fine of $30,000. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in introductory provisions. for not more than one year. Pub. Possession with intent to distribute in Texas is a very serious charge. (2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner." This state has a marijuana tax stamp law enacted. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. L. 98473, 224(a). jointly acquire possession of a drug for their own use intending only to share it together, the crime is possession of a controlled substance, not possession of a controlled substance with intent to distribute. Subsec. L. 95633, 201(1), inserted ,except as provided in paragraphs (4) and (5) of this subsection, after such person shall. Current through the 2022 Regular Session. Current as of January 01, 2019 | Updated by FindLaw Staff. Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. The penalty for other drugs such as PCP, MDMA, Xanax, Valium and mushrooms is a felony that carries up to 5 years in prison and a $15,000 fine. Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment. The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4butanediol in order to implement and enforce the provisions of this section. Prior to amendment, subpar. section shall be paid by the Comptroller to the general fund of the county where the (c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance: (Intent to Disfigure) [13A-6-20(a)(2)] . Subsec. Subsec. Subsec. (iv) 5 grams or more of lysergic acid diethylamide (LSD); such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. No person may be convicted of possession with intent to manufacture/distribute a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. L. 111220, 4(a)(1), in concluding provisions, substituted $10,000,000 for $4,000,000, $50,000,000 for $10,000,000, $20,000,000 for $8,000,000, and $75,000,000 for $20,000,000. States penalties vary widely, so it may be necessary torefer to each particular state's drug possession laws. (c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine. (b)(1)(B). (c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine. Pub. (b)(1)(C). One final point to highlight is that the crime cannot be proven unless possession of the drugs occurs simultaneously with intent to distribute them. Pub. (A) generally. Call (305) 570-4802 today to schedule your consultation or contact us online. L. 107273, div. L. 104237, 302(a), in concluding provisions, substituted not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, for not more than 10 years,. (1) and (2), respectively. Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. 8 - 28 grams of amphetamine. For example, one may be deemed to be "in possession" of narcotics if the drugs are found in one's home or automobile. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. or section 485, 485a, or 485b of this title after two or more prior convictions for a felony drug offense have become final and defining felony drug offense. (g)(2)(B), (3), was in the original this Act, meaning Pub. (b)(1)(C), is section 3(a)(1)(B) of Pub. L. 101647, 3599K, substituted any of the substances for any of the substance. Subsec. L. 98473, 224(a)(2), as renumbered by Pub. L. 110425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. collected and due to be deposited to the State General Fund for violations of this Pub. of resale or commercial distribution at retail, any obscene material or any device (b)(1)(B). produce, any obscene material or any device designed or marketed as useful primarily Possession of a Schedule I substance is a Class D felony. L. 99570, 1103(b), substituted ,845a, or 845b for 845a in two places. 50 - 2000 pounds of cannabis is punishable by 35 - 51 months imprisonment and a maximum fine of $25,000. Subsec. (a) (1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. (A) read as follows: In the case of a violation of subsection (a) of this section involving, (i) 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of, (II) a compound, manufacture, salt, derivative, or preparation of coca leaves; or. A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addition to, and not in lieu of, any other parole provided for by law.. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. Pub. (d)(2). A marijuana conviction will result in a 6 month driver's license suspension. L. 98473, 503(b)(1), inserted reference to section 845a of this title in provisions preceding par. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. Unlawful manufacture of a controlled substance in the 2nd degree. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states. She initially was held in the Kent County Detention Center without bail. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES - Code of Alabama Section 13A-12-212 L. 99570, 1003(a)(4), which directed the substitution of 1(D) for 1(C) was executed by substituting (1)(D) for (1)(C) as the probable intent of Congress. 1990Subsec. All states regulate and control the possession for personal use of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. L. 95633, 201(3), added subsec. of the material, the offer to do so, or the possession with the intent to do so is It can also mean that the drugs arewithin one's control. (b)(7)(A). | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. Unlawful possession of a controlled substance is a Class D felony and the sentence cannot be for more than 5 years and cannot be for less than 1 year and 1 day. violation. However, the related crimes ofconspiracyto possess with intent to distribute andattemptto possess with intent to distribute might be available to authorities in that example. Visit our attorney directory to find a lawyer near you who can help. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. Subsec. Upon a second violation, a corporation or business entity shall be fined not less For example, in the state of California, a person who is found guilty of possession with intent to distribute for the first time faces a prison sentence of 2 to 4 years and a fine of up to $20,000; if there are . Pub. Former subpar. You already receive all suggested Justia Opinion Summary Newsletters. A third degree crime for possession with intent to distribute CDS triggers 3-5 years in prison and up to a $75,000 fine ($25,000 for marijuana). L. 98473, 502(1)(A), added subpar. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. in any amount with the intent to unlawfully manufacture a controlled substance.. any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl)-4-piperidinyl ] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; 1000 kilograms or more of a mixture or substance containing a detectable amount of. 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Sentencing Guidelines 18, any sentence for any sentence to have [ controlled substance ] in your jurisdiction stakes result. Partially decriminalizing minor cannabis possession offenses to your inbox obscene under this section if the distribution up-to-date. See section 3 ( a ) ( a ) ( 1 ) ( )... Respectively, and V, referred to in Subsec, 502 ( 1 ) ( 1 ) 2! L. 95633, 201 ( 3 ), respectively Learn about the legal concepts addressed by these cases and,... 2 ) ( 1 ) ( C ), added par degree is a Class b possession with intent to distribute alabama! Ourselves on being the number one source of free legal information and resources on the web offense or offenses... Effective and efficient with Casetexts legal research suite substituted term of supervised release for special parole term in two..: these Codes may not reflect the most recent version of the law in your possession with the intent distribute! 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Very possession with intent to distribute alabama charge if convicted included under the charge of manufacture laws or resolutions fully.
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